Legal question : Who runs quarantine anyway?

[albatross710]

Like many of us here we can see the pleasure and pain of the interstate hotel quarantine system. It seems to be teetering towards more painful at the moment here in Qld.

The Constitution says

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 51
Legislative powers of the Parliament [see Notes 10 and 11]
The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to:

(i) trade and commerce with other countries, and among the States;
.....

(ix) quarantine;

I can understand that the federal government has the international quarantine responsibility and at the start of the pandemic negotiated for the states to run it.

My first question is on what basis can Qld & WA fill up their 'quarantine' beds which were earmarked for international arrivals with their own interstate arrivals.

Can states make quarantine decisions if they gave up those powers in the Constitution?

I'm sure there is an answer.

Alby

 

[moa999]

Comes down to the things that aren't mentioned in the constitution
- health
- policing

You can't run quarantine without them. So hence at national cabinet hotel quarantine was essentially delegated to the states.

 

[oz_mark]

Commonwealth gets to make the rules (as per the constitution). It says nothing about how they get delivered.

 

[TomVexille]

I heard a constitutional law expert talk on the radio earlier this year that both State and Federal have the right to enforce quarantine. So it's either.

 

[drron]

Back in 1918 the Commonwealth and the States agreed not to close borders.Then the States did it anyway.First cabs of the rank QLD and WA.
The more things change the more they stay the same.

 

[albatross710]

thanks for the info. it will be interesting in the post-covid years to see if any changes are made. the quarantine word had me stuck.

I know that Brisbane as a colony had it's own quarantine island near the mouth of the river.

WA & Qld will face serious pressure when everyone else is re-engaged with the world and residents of Qld are stuck at home for Christmas instead of enjoying some exotic location.

 

[wandering_fred]

Given the WA election results, I suspect the pressure there (ie here) will be minimal...... And controlled from Perth
And WA limits my returns when wandering
Fred

 

[oz_mark]

Given the WA election results, I suspect the pressure there (ie here) will be minimal...... And controlled from Perth
And WA limits my returns when wandering
Fred

Indeed. The massive outbreak of Stockholm Syndrome in WA is staggering.